Climate Contract Playbook Edition 3
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The key stakeholders that you think need to be engaged to deliver this Impact
1. 2. 3. 4. 5. 6. 7. 8. 9.
Royal Institute of Chartered Surveyors (RICS) The Better Buildings Partnership (BBP)
The Council for Mortgage Lenders Construction finance professionals
Stakeholders
Real estate lawyers. Private practice firms
Developers (and their in-house teams).
Estate agents
Banks and building societies providing mortgages.
10. British Property Federation (BPF) 11. The Law Commission.
The drafting is for apartments in a block with common internal and external areas run by a management company that owns the freehold reversion.
Application
This drafting is based upon the Better Building’s Partnership (BBP) Green Lease Toolkit. BBP’s Model form green lease clauses are aimed at commercial rather than residential leases and are also of a “light green” variety. These clauses are of a “darker green” variety and aim to challenge existing legal drafting for new build flats. The drafting assumes that the developer and landlord wish to collect environmental data (“Data”) to create an analytical feedback loop to show how the building is performing against design. This will then help demonstrate the impact and provide design insight for future developments. The drafting includes a series of tenant covenants and regulations which ensure the energy efficiency of the buildings is not fundamentally altered and that the tenants focus on low energy occupation. Additional wording could be added to: • Reflect the provision of renewable power by generation units on the estate. • Reflect the provision of electric vehicle charging points if there is a car park attached to the development. • Reflect the provision of cycle racks if there is a car park attached to the development. • Require tenants to recycle waste generated at the premises or to use the recycling facilities provided by the Landlord. The drafting assumes that the buildings have been built to a high EPC standard and this is the benchmark used to prevent erosion of energy efficiency. The drafting assumes normal definitions of Premises, Landlord, Tenant, Manco. Other Lessees etc. The drafting assumes a metered and centralised heating system in this case ground source heat pumps in a small district system. Hence the reference to Heat Supplies, Heat Infrastructure, heat interface unit etc.
Notes for users
The drafting assumes a cure process for breach of environmental covenants that is sufficiently robust but without resulting in forfeiture.
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